Any type of injury case can involve multiple steps (or multiple parties) toward obtaining your successful outcome. There can be motions to compel discovery, motions for default judgment, motions for summary judgment, motions to amend, and many more techniques. All of this may sound very technical, but what it’s meant to show is that, to give yourself the best chance of getting the fullest recovery in your case, it pays to retain experienced New Orleans truck accident attorneys who are knowledgeable in these strategies and more.
An example of this type of case was a straightforward rear-end accident with a truck that still required many types of legal procedural steps. The litigation began when two dump trucks collided in Belle Chasse. Specifically, Michael’s truck rear-ended Carlos’ truck while both drivers were waiting to unload their loads. Michael’s employer’s auto insurance company paid Carlos $8,700 for the damage done to his dump truck by the accident.
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Almost 12 months after the accident, Carlos sued Michael, Michael’s employer, and the insurance company for the injuries he suffered in the accident. Personal injury cases generally have a one-year period in which to file your lawsuit. There may be many valid reasons for waiting a certain length of time before filing, but it is very important that you make sure not to wait too long. If you file after the statute of limitations’ deadline has passed, your case may be dismissed before you ever make it to trial.
Carlos’ timely-filed lawsuit was later amended to add the owner of the trucking company that employed Michael, as well as Carlos’ own underinsured/uninsured motorist coverage insurer. At some point, Michael, the employer, and the owner of the employer ceased participating in the case. When a defendant stops taking part in the case you filed, you may have procedural options. One option may potentially be to ask the judge for a default judgment in your favor. That’s what happened in Carlos’ case, with the driver, employer, and owner being held liable and Carlos being awarded $154,000 in damages.
Along the way, Carlos discovered that there was another insurance company that insured the defendants. He amended his case to add that insurer. That insurance company argued that the amendment was filed too late because it came more than one year after the judge issued the default judgment. The trial judge sided with that second insurance company, but the Court of Appeal overturned that ruling. The appeals court stated that Carlos was entitled to do more discovery in order to prove that his claim against the second insurance company was not barred.
A lot of the procedural maneuvering in Carlos’ case probably sounds very intricate, and it can be. The important thing to keep in mind from Carlos’ case is that, when you are injured by another driver, especially if that other driver is on the job at the time of the accident, there may be many parties whom you are entitled to sue and many procedural requirements on the path to success. The experienced Louisiana trucking accident attorneys at the Cardone Law Firm are committed to providing strong and dependable advice and representation to injured people and their loved ones. Whether you’ve been hurt in a vehicle accident, a trip (or slip) and fall, or some other accident, we are here to work for you.
For your confidential consultation, contact us online or phone Cardone at 1-888-89-CARDONE (1-888-892-2736).
More Blog Posts:
How Cardone Law Firm Handles Commercial Truck Accidents, Louisiana Injury Lawyers Blog, Feb. 5, 2018
Tow Truck Crashes into Innocent Pedestrians in Mid-City Shopping Center, Louisiana Injury Lawyers Blog, Oct. 27, 2016